1995 Fiscal Year Final Research Report Summary
Right to demand additional rent in the Japanese Law of Landlord and Tenant
| Project/Area Number |
06620034
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | KYUSHU UNIVERSITY |
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Principal Investigator |
ITO Shoji Kyushu University, Faculty of Law, Professor, 法学部, 教授 (00047151)
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| Co-Investigator(Kenkyū-buntansha) |
YAMAMOTO Kenji Kyushu University, Faculty of Law, Associate Professor, 法学部, 助教授 (50222378)
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| Project Period (FY) |
1994 – 1995
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| Keywords | right to demand additional rent / commerciallease / domiciliary lease / German Law |
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| Research Abstract |
It is said that the right to demand additional rent in the Japanese Law of Landlord and Tenant came from the rule of clausula rebus sic stantibus. But compared with German Law, it is evidennt that such idea is an error. The right was given lessor in return for protection of lessee. In the Japanese the protection of lessee is recognized not only in a domiciliary lease but also in commercial lease. But we must rewiew whether the protection of lessee in commercial lease should be preserved.
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